As used in these rules, unless the context otherwise indicates, the following terms have the following meanings.
"Act" means the Radon Registration Act (Sec 1. 22 MRSA c. 165, section 771 et seq.)
"Air radon" means the radioactive gaseous element and its decay products found in air. See "Radon".
"Associated radiological concerns" means radioactive elements other than radon, including, but not limited to, radium, thorium, uranium, and their respective decay products.
"Authorized radon testing device" means a device that collects radon or its decay products, requires analysis by an independent measuring facility or is a continuous monitoring device and,
"Contractor" means an individual or a company employing such individuals, who, for remuneration, proposes to reduce radon levels in a structure or modifies a structure to reduce radon levels. This includes design, installation, or supervising the installation of mitigation systems. Also called a mitigator.
"Department" means the Department of Human Services, Division of Health Engineering.
"Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency (EPA).
"Listed facility" means a radon testing facility that is:
"Lowest livable level" means the lowest level of a structure that can reasonably be occupied throughout the year with little or no modification preceding occupancy. If the level in question does not meet these criteria but is used as a workshop, playroom, or exercise room, this level shall be considered livable for the purposes of radon testing.
"Mitigator" see "Contractor".
"Persons" means any individual, corporation, partnership, firm, institution, group, agency, or political subdivision of this or any other state or the Federal government, municipal or quasi-municipal organization but not including the Department.
"Primary measurement company" or "Laboratory" means a service that has the capability to analyze or read radon measurement devices using a laboratory or portable equipment and skilled operators. Also called a listed facility in these rules.
"On-site" means in the structure the client has requested radon services for.
"Quality Assurance" or "(QA)" means insuring accuracy and reproducibility in analysis and or mitigation methods in accordance with written standards as set forth in the EPA radon proficiency program.
"Radon" means the radioactive gaseous element and its decay products produced by the disintegration of the element radium in air, water, soil, or other media.
"Radon Contractor Proficiency Program" or "RCP" means EPA's National Radon Contractor Proficiency Program, a program designed to provide minimum proficiency criteria for individuals who design and supervise the installation of radon mitigation systems in buildings. This program measures the proficiency of the individual contractor, not the proficiency of the contractors' company.
"Radon Measurement Proficiency Program" or "RMP" means EPA's National Radon Measurement Proficiency Program, a program designed to identify technically competent organizations and individuals capable of providing the public with radon measurement services, and to promote standard measurement and quality assurance practices.
"Radon Service Providers" means persons or companies providing radon testing services, evaluation of radon detection devices, radon mitigation consultation and/or radon mitigation services.
"Radon Testing Services" means providing, for direct or indirect remuneration, determination of radon levels or analysis of an authorized radon testing device. This term includes those services provided by listed facilities.
"Secondary measurement company" or "testing company" means a company that offers radon services to include home inspection and consultation, and radon detector distribution, but such company does not have its own laboratory analysis capability.
"Supervised employee" means an untrained employee (not sub-contractor) that operates under supervision in a clients building, has no decision making authority, does not assist in planning the activities to take place at the work site, and operates from a "cookbook" list of instructions that they are not permitted to deviate from in any way. See "Untrained employee".
"Supervisor" means the registered individual supervising untrained (supervised) employees.
"Untrained employee" means an employee of a registered company who does not have the required qualifications to become registered as a radon service provider and performs radon services in a clients building while under supervision.
"Very high radon levels" means 50 pCi/l in air and 100,000 pCi/l in water.
"Water radon" means radon found in water.
10- 144 C.M.R. ch. 224, § A-2